Punishment, Compensation, and Law: A Theory of Enforceability
Cambridge University Press (2005)
| Abstract | This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a new, unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations. | |||||||||
| Keywords | Obedience (Law Law enforcement Punishment Philosophy Compensation (Law | |||||||||
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| Buy the book | $33.29 direct from Amazon (11% off) Amazon page | |||||||||
| Call number | K250.R45 2005 | |||||||||
| ISBN(s) | 0521846692 0521174236 9780521846691 | |||||||||
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John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Neil Levy (2012). Skepticism and Sanction: The Benefits of Rejecting Moral Responsibility. Law and Philosophy 31 (5):477-493.
Jean-Christophe Merle (2000). A Kantian Critique of Kant's Theory of Punishment. Law and Philosophy 19 (3):311 - 338.
Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.) (2011). Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press.
Merle J.-C. (2000). A Kantian Critique of Kant's Theory of Punishment. Law and Philosophy 19 (3):311-338.
Thom Brooks (2003). Kant's Theory of Punishment. Utilitas 15 (02):206-.
Austin Sarat, Lawrence Douglas & Martha Merrill Umphrey (eds.) (2011). Law as Punishment/Law as Regulation. Stanford Law Books.
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